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Code · REGISTER · 2006-10-30 · Food and Drug Administration, HHS · Notices

Notices. Notice

12,868 words·~58 min read·/register/2006/10/30/06-8978

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4184-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006N-0420] Agency Information Collection Activities; Proposed Collection; Comment Request; Orphan Drugs AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the procedures by which sponsors of orphan drugs may request eligibility for the incentives by implementing a program as outlined in the Orphan Drug Act. DATES: Submit written or electronic comments on the collection of information by December 29, 2006. ADDRESSES: Submit electronic comments on the collection of information to: *http://www.fda.gov/dockets/ecomments* . Submit written comments on the collection of information to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief Information Officer (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857,301-827-4659. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget
(OMB)for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document. With respect to the following collection of information, FDA invites comments on these topics:
(1)Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility;
(2)the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. Orphan Drugs—21 CFR 316 (OMB Control Number 0910-0167)—Extension Sections 525 through 526 of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360aa through 360 dd) give FDA statutory authority to do the following:
(1)Provide recommendations on investigations required for approval of marketing applications for orphan drugs,
(2)designate eligible drugs as orphan drugs,
(3)set forth conditions under which a sponsor of an approved orphan drug obtains exclusive approval, and
(4)encourage sponsors to make orphan drugs available for treatment on an “open protocol” basis before the drug has been approved for general marketing. The implementing regulations for these statutory requirements have been codified under part 316 (21 CFR part 316) and specify procedures that sponsors of orphan drugs use in availing themselves of the incentives provided for orphan drugs in the act and sets forth procedures FDA will use in administering the act with regard to orphan drugs. Section 316.10 specifies the content and format of a request for written recommendations concerning the non-clinical laboratory studies and clinical investigations necessary for approval of marketing applications. Section 316.12 provides that, before providing such recommendations, FDA may require results of studies to be submitted for review. Section 316.14 contains provisions permitting FDA to refuse to provide written recommendations under certain circumstances. Within 90 days of any refusal, a sponsor may submit additional information specified by FDA. Section 316.20 specifies the content and format of an orphan drug application which includes requirements that an applicant document that the disease is rare (affects fewer than 200,000 persons in the United States annually) or that the sponsor of the drug has no reasonable expectation of recovering costs of research and development of the drug. Section 316.26 allows an applicant to amend the applications under certain circumstances. Section 316.30 requires submission of annual reports, including progress reports on studies, a description of the investigational plan, and a discussion of changes that may affect orphan status. The information requested will provide the basis for an FDA determination that the drug is for a rare disease or condition and satisfies the requirements for obtaining orphan drug status. Secondly, the information will describe the medical and regulatory history of the drug. The respondents to this collection of information are biotechnology firms, drug companies, and academic clinical researchers. The information requested from respondents represents, for the most part, an accounting of information already in the possession of the applicant. It is estimated, based on frequency of requests over the past 5 years, that 171 persons or organizations per year will request orphan-drug designation and none will request formal recommendations on design of preclinical or clinical studies. FDA estimates the burden of this collection of information as follows: **Table 1.—Estimated Annual Reporting Burden** 1 21 CFR Section No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Responses Total Hours 316.10, 316.12, & 316.14 5 1 5 130 650 316.20, 316.21, & 316.26 171 2.0 342 130 44,460 316.22 30 1 30 2 60 316.27 25 1 25 4 100 316.30 500 1 500 2 1,000 316.36 .2 3 .6 15 9 Total 46,279 1 There are no capital costs or maintenance costs associated with this collection of information. Dated: October 23, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E6-18067 Filed 10-27-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2004D-0198] Guidance for Industry on Implementation of Acceptable Full-Length Donor History Questionnaire and Accompanying Materials for Use in Screening Donors of Blood and Blood Components; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing the availability of a document entitled “Guidance for Industry: Implementation of Acceptable Full-Length Donor History Questionnaire and Accompanying Materials for Use in Screening Donors of Blood and Blood Components,” dated October 2006. The guidance document provides blood establishments that collect blood and blood components intended for transfusion or for further manufacture with advice on reporting to FDA a manufacturing change consisting of the implementation of a standardized full-length donor history questionnaire and accompanying materials (DHQ documents). The guidance document addresses which DHQ documents are acceptable, and establishes the process for FDA to recognize other DHQ documents in the future. The guidance announced in this notice finalizes the draft guidance entitled “Guidance for Industry: Acceptable Full-Length Donor History Questionnaire and Accompanying Materials for Use in Screening Human Donors of Blood and Blood Components” dated April 2004. DATES: Submit written or electronic comments on agency guidances at any time. ADDRESSES: Submit written requests for single copies of the guidance to the Office of Communication, Training, and Manufacturers Assistance (HFM-40), Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-1448. Send one self-addressed adhesive label to assist the office in processing your requests. The guidance may also be obtained by mail by calling CBER at 1-800-835-4709 or 301-827-1800. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document. Submit written comments on the guidance to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.fda.gov/dockets/ecomments* . FOR FURTHER INFORMATION CONTACT: Brenda R. Friend, Center for Biologics Evaluation and Research (HFM-17), Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-1448, 301-827-6210. SUPPLEMENTARY INFORMATION: I. Background FDA is announcing the availability of a document entitled “Guidance for Industry: Implementation of Acceptable Full-Length Donor History Questionnaire and Accompanying Materials for Use in Screening Donors of Blood and Blood Components,” dated October 2006. The guidance document provides blood establishments that collect blood and blood components intended for transfusion or for further manufacture with advice on reporting to FDA a manufacturing change consisting of the implementation of DHQ documents. Acceptable DHQ documents (DHQ documents that provide licensed and unlicensed manufacturers with one means of complying with the FDA requirements for collecting donor history information) will provide manufacturers with a specific process for administering questions to donors of blood and blood components to determine their eligibility to donate. The guidance document advises licensed manufacturers who choose to implement acceptable DHQ documents on how to report the manufacturing change to FDA, and recognizes the Donor History Questionnaire Version No. 1.1 dated June 2005 (v.DHQ-1.1), prepared by the AABB (formerly known as the American Association of Blood Banks) Donor History Task Force, as acceptable DHQ documents. In the future, FDA may recognize other DHQ documents as acceptable, and intends to make all of the acceptable DHQ documents available on FDA's Web site. FDA believes that acceptable DHQ documents will assist manufacturers in complying with the regulations under 21 CFR 640.3 and 640.63. The guidance also advises licensed manufacturers of blood and blood components who choose to implement acceptable DHQ documents on how to report the manufacturing change to FDA under 21 CFR 601.12. In the **Federal Register** of May 12, 2004 (69 FR 26399), FDA announced the availability of the draft guidance entitled “Guidance for Industry: Acceptable Full-Length Donor History Questionnaire and Accompanying Materials for Use in Screening Human Donors of Blood and Blood Components” dated April 2004. This draft guidance contained the full-length donor history questionnaire and accompanying materials (Version No. 1, dated April 2004) (v.DHQ-1). FDA received several comments on the draft guidance and those comments were considered as the guidance was finalized. A summary of changes to the guidance includes the following:
(1)Added a statement to direct inquiries regarding the v.DHQ-1.1 or other AABB DHQ documents to the task force;
(2)clarified how to implement acceptable DHQ documents, including v.DHQ-1.1, and the self-administration of these documents; and
(3)added a separate Web site link to access all DHQ documents that FDA has recognized as acceptable. In addition, FDA received many comments on the v.DHQ-1, and forwarded these comments to the task force. In response, the task force submitted updated DHQ documents (v.DHQ-1.1), for FDA's review. The guidance announced in this notice finalizes the draft guidance dated April 2004, and refers to the v.DHQ-1.1. The guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents FDA's current thinking on this topic. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statutes and regulations. II. Paperwork Reduction Act of 1995 This guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget
(OMB)under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR 606.160 have been approved under OMB control numbers 0910-0116; those in 21 CFR 601.12 have been approved under 0910-0338. III. Comments Interested persons may, at any time, submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments regarding the guidance. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in the brackets in the heading of this document. A copy of the guidance and received comments are available for public examination in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. IV. Electronic Access Persons with access to the Internet may obtain the guidance at either *http://www.fda.gov/cber/guidelines.htm* or *http://www.fda.gov/ohrms/dockets/default.htm* . Dated: October 20, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E6-18068 Filed 10-27-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006D-0413] Draft Guidance for Industry; Blue Bird Medicated Feed Labels; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing the availability of a draft guidance for industry (#181) entitled “Draft Guidance for Industry: Blue Bird Medicated Feed Labels.” This draft guidance is intended to provide new animal drug application
(NADA)sponsors with the Center for Veterinary Medicine's (CVM's) current thinking on what constitutes recommended content and format of representative labels for new animal drugs intended for use in the manufacture of medicated feeds. DATES: Submit written or electronic comments on the draft guidance by January 16, 2007, to ensure their adequate consideration in preparation of the final document. General comments on agency guidance documents are welcome at any time. ADDRESSES: Submit written requests for single copies of the draft guidance document to the Communications Staff (HFV-12), Center for Veterinary Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855. Send one self-addressed adhesive label to assist that office in processing your requests. Submit written comments on the draft guidance document to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http:///www.fda.gov/dockets/ecomments* . See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance document. FOR FURTHER INFORMATION CONTACT: Dragan Momcilovic, Center for Veterinary Medicine (HFV-220), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-453-6856, e-mail: *DMomcilo@cvm.fda.gov* . SUPPLEMENTARY INFORMATION: I. Background FDA is announcing the availability of a draft guidance for industry entitled “Draft Guidance for Industry: Blue Bird Medicated Feed Labels.” This draft guidance is intended to provide NADA sponsors with CVM's current thinking on what constitutes recommended content and format of representative labels for new animal drugs intended for use in the manufacture of medicated feeds. An NADA for a Type A medicated article is required to include, among other things, representative labeling proposed to be used for Type B and Type C medicated feeds containing the new animal drug (21 CFR 514.1(b)(3)(v)( *b* )). A Type A medicated article is defined in § 558.3(b)(2) (21 CFR 558.3(b)(2)) as “intended solely for use in the manufacture of another Type A medicated article or a Type B or Type C medicated feed.” Type B medicated feed is defined in § 558.3(b)(3) as “intended solely for the manufacture of other medicated feeds (Type B or Type C).” Type C medicated feed is defined in § 558.3(b)(4) as “intended as the complete feed for the animal or may be fed “top dressed” (added on top of usual ration) on or offered “free-choice” (e.g., supplement) in conjunction with other animal feed.” This draft guidance provides recommendations on the content and format of the representative labeling for Type B and Type C medicated feeds only. This representative labeling is also known as “Blue Bird” labeling. This draft guidance does not address the labeling of Type A medicated articles. II. Significance of Guidance This level 1 draft guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized, will represent FDA's current thinking on this topic. It does not create or confer any rights for or on any person and will not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statutes and regulations. III. Paperwork Reduction Act of 1995 This draft guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget
(OMB)under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR 514.1(b)(3) have been approved under OMB control number 0910-0032. IV. Comments This draft guidance document is being distributed for comment purposes only and is not intended for implementation at this time. Interested persons may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments regarding this document. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in brackets in the heading of this document. A copy of the draft guidance and received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. V. Electronic Access Electronic comments may be submitted on the Internet at *http://www.fda.gov/dockets/ecomments* . Once on the Internet site, select Docket No. 2006D-0413, “Draft Guidance for Industry: Blue Bird Medicated Feed Labels” and follow the directions. Copies of this draft guidance may be obtained on the Internet from the CVM home page at *http://www.fda.gov/cvm* . Dated: October 23, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E6-18148 Filed 10-27-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HOMELAND SECURITY [DHS-2006-0042] Science and Technology Directorate; Submission for Review; Reinstatement of a Previously Approved Information Collection Request for Support of SAFETY Act Application Kit 1640-0001 AGENCY: Science and Technology Directorate, DHS. ACTION: 30-day notice of information collections under review: the application forms and instructions (hereinafter “Applications Kit”) designed to assist persons applying for coverage under the SAFTY Act of 2002. SUMMARY: The Department of Homeland Security
(DHS)has submitted the following information collection request
(ICR)to the Office of Management and Budget
(OMB)for review and clearance in accordance with the Paperwork Reduction Act of 1995: 1640-0001. This notice and request for comments is required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). DATES: Comments are encouraged and will be accepted until November 29, 2006. This process is conduced in accordance with 5 CFR 1320.10. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer for the Department of Homeland Security/Science and Technology Directorate, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. FOR FURTHER INFORMATION CONTACT: Ken Rogers,
(202)254-6185. SUPPLEMENTARY INFORMATION: On June 8, 2006, DHS published a final rule interpreting and implementing the SAFETY Act of 2002 ( *see* 71 FR 33147). In connection with the issuance of this final rule, DHS consolidated the forms and instructions designed to assist persons applying for SAFETY Act coverage. The forms and instructions were consolidated into one Application Kit. This ICR was previously published in the **Federal Register** on August 17, 2006, at 71 FR 47507 for a 60-day public comment period ending October 16, 2006. No comments were received by DHS on this ICR during the 60-day comment period. The purpose of this notice is to allow an additional 30 days for public comments. This notice and request for comments is required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). DHS invites the general public to comment on the proposed reinstatement of OMB Information Collection 1640-0001 (Application Kit), as described below. Interested parties can obtain copies of the Application Kit by going to the Office of Safety Act Web site and downloading copies thereof. The address is: *http://www.safetyact.gov.* The Application Kit and applicable supporting documentation may also be obtained by calling or writing the point of contact listed above. Please note that the Application Kit includes various forms for different types of SAFETY Act applications. As explained herein, these separate forms are intended to be flexible and permit the Applicants to provide relevant information to their specific applications without undue bureaucratic burden. The Department is committed to improving its SAFETY Act processes and urges all interested parties to suggest how these materials can further reduce burden while seeking necessary information under the Act. DHS is particularly interested in comments that:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Suggest ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)Suggest ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submissions of responses. Overview of This Information Collection:
(1)*Type of Information Collection:* Reinstatement of a previously approved collection.
(2)*Title of the Form/Collection:* SAFETY Act Application Kit.
(3)*Agency Form Number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* DHS\S&T-I SAFETY-0001 through 0010.
(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* Business or other for-profit and not-for profit institutions; the data collected through the Application Kit will facilitate efforts of responding persons to develop vital anti-terrorist technology by obtaining coverage under the SAFETY Act.
(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 2500 respondents with an average of slightly more than 48.5 hours per respondent.
(6)*An estimate of the total public burden (in hours) associated with the collection:* 121,400 burden hours. Dated: October 24, 2006. Deborah Diaz, Chief Information Officer, Science and Technology Directorate. [FR Doc. E6-18195 Filed 10-27-06; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [DHS-2006-0041] Privacy Act of 1974; System of Records AGENCY: Office of the Chief Human Capital Officer; Department of Homeland Security. ACTION: Notice of Privacy Act System of Records. SUMMARY: Pursuant to the Privacy Act of 1974, the Department of Homeland Security proposes to add a new system of records to the Department's inventory, entitled “the MaxHR e-Performance Management System.” This system is an employee performance management e-tool that will standardize and automate related human resources functions that will support a portion of the Department's MaxHR program. This program will support the Department's ability to continue to attract, retain, and reward a robust and highly qualified workforce by transforming DHS human resources policies, processes, systems, streamlining business processes, and consolidating several disparate systems currently in operation. Implementation of the the MaxHR e-Performance Management System will provide greater flexibility and accountability in the way employees are paid, developed, and evaluated. Employees, through a password protected portal, can access the system to initiate each step in the performance cycle, including performance planning, quarterly reviews, and performance appraisals. Supervisors will utilize various features of the system to review employees' performance, determine completion of goals, and complete performance appraisals. Each step in the performance management cycle, as reflected in the automated system, will serve as a catalyst for increased communication between supervisor and employees to enhance performance and ensure that work is accomplished in an efficient and effective manner. DATES: The new system of records will be effective November 29, 2006, unless comments are received that result in a contrary determination. ADDRESSES: You may submit comments, identified by docket number DHS-2006-0041, by one of the following methods: • *Federal e-Rulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *FAX:* 202-357-8474 (Not a toll-free number). • *Mail:* John S. Allen, U.S. Department of Homeland Security, Director of Human Capital Business Systems, Office of the Chief Human Capital Officer, 245 Murray Lane, SW., Building 410, Washington, DC 20528; or *E-mail: John.s.allen@dhs.gov.* FOR FURTHER INFORMATION CONTACT: John S. Allen, U.S. Department of Homeland Security, Office of the Chief Human Capital Officer, Human Capital Business Systems, 245 Murray Lane, SW., Building 410, Washington, DC 20528; or Shila Ressler, U.S. Department of Homeland Security, Executive Secretariat-Management, Washington, DC 20393. For privacy issues please contact: Hugo Teufel III (571-227-3813), Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: The Department of Homeland Security (DHS), Office of the Chief Human Capital Officer (OCHCO), is publishing a Privacy Act System of Records Notice to cover its collection, use, and maintenance of records relating to its performance management responsibilities for the Department. Until now, pursuant to the savings clause in the Homeland Security Act of 2002, Public Law 107-296, sec. 1512, 116 Stat. 2310 (Nov. 25, 2002) (6 U.S.C. 552), the Department has been relying on legacy Privacy Act systems for this purpose, including Office of Personnel Management's
(OPM)Government 2—Employee Performance File System of Records. The MaxHR Program was established by DHS to implement the human capital provisions of the Homeland Security Act of 2002. The MaxHR program is a collection of functions and systems centered on a core enterprise entitled the Human Resource Management System. A primary component of this overall system is an electronic performance management program based on pay-for-performance principles. Each employee's goals are cascaded down from the organization's goals. By using this approach, each employee's individual work plan is linked to the organization's goals. DHS developed the MaxHR ePerformance Management System (“the ePerformance System”) to facilitate the implementation and management of this new automated pay-for-performance program. The ePerformance System is designed to support the ongoing review and evaluation of employees by their supervisors. This system collects personally identifiable data from DHS employees, including their full name, Social Security number, pay plan, grade, step, series, supervisory code, organizational code, employee status, probationary dates, and duty locations. The ePerformance tool will be used to set and communicate performance expectations; monitor performance and provide feedback; develop performance goals; complete the appraisal process; address poor performance and reward good performance; and produce performance-related reports. The new system will replace current performance management systems that are largely paper-based and that do not adequately support the new MaxHR program requirements for pay-for-performance. The Privacy Act embodies fair information principles in a statutory framework governing the means by which the U.S. Government collects, maintains, uses and disseminates personally identifiable information. The Privacy Act applies to information that is maintained in a “system of records.” A “system of records” is a group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number such as property address, mailing address, symbol, or other identifying particular assigned to the individual. The MaxHR Performance Management System is such a system of records. The Privacy Act requires each agency to publish in the **Federal Register** a description denoting the type and character of each system of records that the agency maintains, and the routine uses that are contained in each system in order to make agency record keeping practices transparent, to notify individuals regarding the uses to which personally identifiable information is put, and to assist individuals to more easily find such files within the agency. Below is the description of the MaxHR e-Performance Management System. In accordance with 5 U.S.C. 552a(r), DHS has provided a report of this new system of records to the Office of Management and Budget and to Congress. DHS/OCHCO-001 System Name: MAXHR ePerformance Management System. Security Classification: Unclassified but sensitive. System Location: The system is located at ServerVault, 1506 Moran Road, Dulles, VA 20166. Categories of Individuals Covered by the System: Department of Homeland Security managers, supervisors, and non-bargaining unit employees. Categories of Records in the System: The following records are maintained in the ePerformance system: personnel position information, such as position title, name, Social Security number, occupational series, grade, organization, component and duty location; information related to employee performance, including performance goals and competencies, performance appraisals, individual development plans, and notes regarding employee performance. Authority for Maintenance of the System: Homeland Security Act of 2002 at Section 841; 5 U.S.C. 9701(a); 5 CFR 9701; DHS Management Directive 3181. Purpose(s): The MaxHR ePerformance Management System will help DHS meet its critical mission needs by transforming disparate paper-based and automated performance management systems into one cohesive, unified enterprise-wide electronic system. The ePerformance System will be used to set and communicate performance expectations; monitor performance and provide feedback; develop performance goals; complete the appraisal process; address poor performance and reward good performance; and produce performance-related reports. By leveraging technology to transform a wide variety of processes and systems, the end result will be greater flexibility and accountability in the way employees are paid, developed, and evaluated. Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed outside DHS as a routine use as follows: A. To the National Finance Center, United States Department of Agriculture, to update employee personnel records and meet government record keeping and reporting requirements. B. When a record, either on its face on in conjunction with other information, indicates a violation or potential violation of law, whether criminal, civil or administrative, the relevant records may be referred to an appropriate Federal, State, territorial, tribal, local, international, or foreign law enforcement agency or other appropriate authority charged with investigating or prosecuting such a violation or enforcing or implementing such law. C. To a Federal, state, tribal, local or foreign government agency or professional licensing authority in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance or status of a license, grant, or other benefit by the requesting entity, to the extent that the information is relevant and necessary to the requesting entity's decision on the matter. D. To the news media and the public where there exists a legitimate public interest in the disclosure of the information or when disclosure is necessary to preserve confidence in the integrity of the Department or is necessary to demonstrate the accountability of the Department's officers, employees, or individuals covered by the system, except to the extent it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy. E. To the National Archives and Records Administration or other federal government agencies in records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906. F. To contractors, grantees, experts, consultants, students, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Federal Government, when necessary to accomplish an agency function related to this system of records. G. To the Department of Justice
(DOJ)or other Federal agency conducting litigation or in proceedings before any court, adjudicative or administrative body, when:
(a)DHS, or
(b)any employee of DHS in his/her official capacity, or
(c)any employee of DHS in his/her individual capacity where DOJ or DHS has agreed to represent the employee, or
(d)the United States or any agency thereof, is a party to the litigation or has an interest in such litigation, and DHS determines that disclosure is relevant and necessary to the litigation. H. To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of the individual to whom the record pertains. I. To an agency, organization, or individual for the purposes of performing audit or oversight operations as authorized by law. J. To the Equal Employment Opportunity Commission, Merit Systems Protection Board, Office of the Special Counsel, Federal Labor Relations Authority, or Office of Personnel Management or to arbitrators and other parties responsible for processing any personnel actions or conducting administrative hearings or appeals, or if needed in the performance of authorized duties. Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage: Data is stored in a commercial database management system, (Microsoft SQL Server) located at ServerVault, 1506 Moran Road, Dulles, VA 20166. The magnetic storage devices used to store the database are located in a locked vault, accessed only by authorized personnel. The storage media is further protected from loss or damage due to media failure using redundant storage technology that simultaneously updates a backup copy of the database. Retrievability: Data may be retrieved by the individual's name, Social Security number, or other assigned personal identifier. Safeguards: Information in this system is safeguarded in accordance with applicable laws, rules, and policies, including the DHS Information Technology Security Program Handbook. All records are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include restricting access to authorized personnel who have a “need-to-know,” using locks and password protection identification features. DHS file areas are locked after normal duty hours and the facilities are protected from the outside by security personnel. Further system and data safeguards are outlined in detail in the System Security Plan developed by DHS and Softscape (Automated Service Provider makers of commercial off the shelf software) and ServerVault (the hosting center). Additionally, DHS's Privacy Office is reissuing the ePerformance Privacy Impact Assessment
(PIA)with the issuance of this notice. The PIA can be accessed at *http://www.dhs.gov/privacy* . Retention and Disposal: The General Records Schedule specifies that performance records for non-Senior Executive Service employees should be destroyed when four
(4)years old or no longer needed; for Senior Executive Service employees, when five
(5)years old or no longer needed. OCHCO will follow this and the NARA guidance on Employee Performance File System Records. System Manager(s) and Address: John S. Allen, U.S. Department of Homeland Security, Chief Human Capital Officer, Human Capital Business Systems, 1201 New York Avenue, NW., Suite 1200, Washington, DC, 20005; or Shila Ressler, U.S. Department of Homeland Security, Executive Secretariat—Management, Washington, DC 20393. Notification and Procedure: To determine whether this system contains records relating to you, write to the System Manager identified above. Record Access Procedure: A request for access to records in this system may be made by writing to the System Manager, identified above, or to the Director for Departmental Disclosure and FOIA in conformance with 6 CFR part 5, subpart B, which provides the rules for requesting access to Privacy Act records maintained by DHS. Contesting Record Procedures: See “Notification Procedure” above. Record Source Categories: Records are obtained from employees, supervisors, and the National Finance Center. Exemption Claimed for the System: None. Dated: October 17, 2006. Hugo Teufel III, Chief Privacy Officer. [FR Doc. E6-17949 Filed 10-27-06; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5041-N-39] Notice of Proposed Information Collection: Comment Request; Mortgagees Annual Notification to Mortgagors AGENCY: Office of the Assistant Secretary for Housing-Federal Housing Commissioner, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* December 29, 2006. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, SW., L'Enfant Plaza Building, Room 8003, Washington, DC 20410 or *Lillian_Deitzer@hud.gov* . FOR FURTHER INFORMATION CONTACT: Laurie Maggiano, Acting Director, Office of Single Family Asset Management, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone
(202)708-1672 (this is not a toll free number) for copies of the proposed forms and other available information. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:
(1)Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)enhance the quality, utility, and clarity of the information to be collected; and
(4)minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Mortgagees Annual Notification to Mortgagors. *OMB Control Number, if applicable:* 2502-0235. *Description of the need for the information and proposed use:* The purpose of this notice is to extend the use of 24 CFR 203.508(c) and 24 CFR 235.1001. The requirements of the 24 CFR 203.508(c) state, in part, that “within thirty days after the end of each calendar year, the mortgagee shall furnish to the mortgagor a statement of the interest paid, and of the taxes disbursed from the escrow account during the preceding year”. The requirements of 24 CFR 235.1001 state, in part, that “mortgagees must provide to the mortgagor an annual statement of interest paid and taxes disbursed and shall include an accounting of the total amount of assistance payments paid by HUD and applied to the mortgagor's account during the preceding year.” *Agency form numbers, if applicable:* None. *Estimation of the total hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* The estimated total number of burden hours needed to prepare the information collection is 1,143; the number of respondents is 438 generating approximately 4,003,880 annual responses; the frequency of response is annually and third party disclosures; and the estimated time needed to prepare the response is less than 1 minute. *Status of the proposed information collection:* Extension is a previously approved collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. Dated: October 23, 2006. Frank L. Davis, General Deputy Assistant Secretary for Housing-Deputy Federal Housing Commissioner. [FR Doc. E6-18069 Filed 10-27-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5041-N-38] Notice of Proposed Information Collection: Comment Request; Rental Schedule—Low Rent Housing AGENCY: Office of the Assistant Secretary for Housing, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* December 29, 2006. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, SW., L'Enfant Building, Room 8202, Washington, DC 20410, telephone
(202)708-5221 (this is not a toll-free number) for copies of the proposed forms and other available information. FOR FURTHER INFORMATION CONTACT: Kimberly Munson, Office of Asset Management, Policy and Participation Standards Division, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone number
(202)708-1320 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:
(1)Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Rental Schedule—Low Rent Housing. *OMB Control Number, if applicable:* 2502-0012. *Description of the need for the information and proposed use:* This information is necessary for HUD to ensure that tenant rents are approved in accordance with HUD administrative procedures. Project owners utilize form HUD-92458 when requesting an adjustment to project rents due to anticipated or unavoidable increases in operating costs. *Agency form numbers, if applicable:* HUD-92458. *Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* The estimated number of respondents is 15,875; and the estimated number of responses is 15,875. Total burden is estimated at 100,492 hours; the frequency of responses is on occasion; and the time to provide the information varies from 15 minutes to one hour. *Status of the proposed information collection:* Extension of a currently approved collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. Dated: October 23, 2006. Frank L. Davis, General Deputy Assistant Secretary for Housing-Deputy Federal Housing Commissioner. [FR Doc. E6-18070 Filed 10-27-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-4950-FA-19] Announcement of Funding Awards for the Section 202 Supportive Housing for the Elderly Program Fiscal Year 2005 AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice of funding awards. SUMMARY: In accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in a competition for funding under the Super Notice of Funding Availability (SuperNOFA) for the Section 202 Supportive Housing For the Elderly Program. This announcement contains the names of the awardees and the amounts of the awards made available by HUD. FOR FURTHER INFORMATION CONTACT: Mr. Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, 451 Seventh Street, SW., Washington, DC 20410-8000; telephone
(202)708-3000 (this is not a toll-free number). Hearing- and speech-impaired persons may access this number via TTY by calling the Federal Relay Service toll-free at
(800)877-8339. For general information on this and other HUD programs, visit the HUD Web site at *http://www.hud.gov* . SUPPLEMENTARY INFORMATION: The Section 202 Supportive Housing for the Elderly Program is authorized by Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (Pub. L 101-625; approved November 28, 1990); the Housing and Community Development Act of 1992 (Pub. L. 102-550; approved October 28, 1992); the Recessions Act (Pub. L. 104-19; enacted on July 27, 1995); the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106-569; approved December 27, 2000); and the Consolidated Appropriations Act, 2005 (Pub. L. 108-447, approved December 8, 2004). The competition was announced in the SuperNOFA published in the **Federal Register** on March 21, 2005. Applications were rated and selected for funding on the basis of selection criteria contained in that Notice. The Catalog of Federal Domestic Assistance number for this program is 14.157. The Section 202 program is the Department's primary program for providing affordable housing for the elderly that allows them to live independently with supportive services. Under this program, HUD provides funds to private non-profit organizations to develop supportive housing for the elderly. Funds are also provided to subsidize the expenses to operate the housing projects. A total of $574,806,700 was awarded to 130 projects for 4,719 units nationwide. In accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989 (103 Stat. 1987, 42 U.S.C. 3545), the Department is publishing the grantees and amounts of the awards in Appendix A of this document. Dated: October 11, 2006. Brian Montgomery, Assistant Secretary for Housing-Federal Housing Commissioner. APPENDIX A—Awardees for the Section 202 Supportive Housing for the Elderly Program Fiscal Year 2005 Alabama Birmingham, AL Non-Profit Sponsor: AHEPA National Housing Corp Capital Advance: $3,966,400 Five-year rental subsidy: $700,500 Number of units 50 Montgomery, AL Non-Profit Sponsor: Capitol Heights Baptist Church Capital Advance: $3,940,500 Five-year rental subsidy: $700,500 Number of units 50 Talladega, AL Non-Profit Sponsor: Presbytery of Sheppards and Lapsley Capital Advance: $1,382,600 Five-year rental subsidy: $252,500 Number of units 18 Arizona Somerton, AZ Non-Profit Sponsor: Housing America Corporation Capital Advance: $4,480,500 Five-year rental subsidy: $654,500 Number of units 45 Arkansas Bryant, AR Non-Profit Sponsor: Bryant Methodist Services, Inc Co-Sponsor: Pathfinder, Inc. Capital Advance: $1,367,700 Five-year rental subsidy: $260,500 Number of units 20 Paragould, AR Non-Profit Sponsor: White River Housing Development Corp. Capital Advance: $1,299,300 Five-year rental subsidy: $247,500 Number of units 19 Russellville, AR Non-Profit Sponsor: Friendship Community Care Inc Capital Advance: $1,299,300 Five-year rental subsidy: $234,500 Number of units 19 California Daly City, CA Non-Profit Sponsor: Broadmoor Presbyterian Church Co-Sponsor: ABHOW Capital Advance: $5,004,300 Five-year rental subsidy: $1,084,000 Number of units 40 Long Beach, CA Non-Profit Sponsor: Menorah Housing Foundation Capital Advance: $8,239,700 Five-year rental subsidy: $1,464,500 Number of units 66 Manteca, CA Non-Profit Sponsor: Eden Housing Inc Capital Advance: $4,608,200 Five-year rental subsidy: $738,500 Number of units 40 Oceanside, CA Non-Profit Sponsor: Southern California Presbyterian Homes Capital Advance: $9,981,800 Five-year rental subsidy: $1,649,500 Number of units 80 Ontario, CA Non-Profit Sponsor: Cooperative Services, Inc. Capital Advance: $5,999,800 Five-year rental subsidy: $1,059,000 Number of units 48 Pomona, CA Non-Profit Sponsor: TELACU Capital Advance: $8,350,000 Five-year rental subsidy: $1,554,500 Number of units 70 San Francisco, CA Non-Profit Sponsor: Mercy Housing California Capital Advance: $12,626,500 Five-year rental subsidy: $2,639,500 Number of units 96 Walnut Creek, CA Non-Profit Sponsor: Satellite Housing, Inc. Capital Advance: $4,106,400 Five-year rental subsidy: $917,000 Number of units 33 Connecticut Fairfield, CT Non-Profit Sponsor: Mutual Housing Association of SW CT Capital Advance: $1,288,400 Five-year rental subsidy: $213,500 Number of units 10 Niantic, CT Non-Profit Sponsor: AHEPA National Housing Corp. Capital Advance: $6,442,400 Five-year rental subsidy: $1,067,500 Number of units 50 Florida Brandon, FL Non-Profit Sponsor: Lutheran Social Services Florida, Inc. Co-Sponsor: Lutheran Social Services of Michigan Capital Advance: $5,503,700 Five-year rental subsidy: $722,500 Number of units 55 Miami, FL Non-Profit Sponsor: Allapattah Community Action, Inc. Capital Advance: $8,942,100 Five-year rental subsidy: $1,174,500 Number of units 80 Orlando, FL Non-Profit Sponsor: Diocese of Orlando Capital Advance: $9,150,000 Five-year rental subsidy: $1,037,500 Number of units 80 Pembroke Pines, FL Non-Profit Sponsor: Miami Jewish Home & Hospital Capital Advance: $5,796,700 Five-year rental subsidy: $773,000 Number of units 52 Georgia Decatur, GA Non-Profit Sponsor: Mercy Housing Southeast, Inc. Capital Advance: $5,390,100 Five-year rental subsidy: $931,500 Number of units 66 Lawrenceville, GA Non-Profit Sponsor: Broadway Towers, Inc. Capital Advance: $3,418,900 Five-year rental subsidy: $602,000 Number of units 42 Reynolds, GA Non-Profit Sponsor: Housing Devl. Corp. of Macon & Taylor Capital Advance: $2,194,500 Five-year rental subsidy: $387,000 Number of units 28 Hawaii Kihei, HI Non-Profit Sponsor: Hale Mahaolu Capital Advance: $933,200 Five-year rental subsidy: $106,000 Number of units 5 Kihei, HI Non-Profit Sponsor: Hale Mahaolu Capital Advance: $933,200 Five-year rental subsidy: $106,000 Number of units 5 Kihei, HI Non-Profit Sponsor: Hale Mahaolu Capital Advance: $933,200 Five-year rental subsidy: $106,000 Number of units 5 Kihei, HI Non-Profit Sponsor: Hale Mahaolu Capital Advance: $933,200 Five-year rental subsidy: $106,000 Number of units 5 Kihei, HI Non-Profit Sponsor: Hale Mahaolu Capital Advance: $933,200 Five-year rental subsidy: $106,000 Number of units 5 Kihei, HI Non-Profit Sponsor: Hale Mahaolu Capital Advance: $933,200 Five-year rental subsidy: $106,000 Number of units 5 Illinois Carthage, IL Non-Profit Sponsor: West Central Illinois Area Agency on Aging Capital Advance: $961,400 Five-year rental subsidy: $180,500 Number of units 10 Chicago, IL Non-Profit Sponsor: The Renaisasance Collaborative Capital Advance: $9,600,400 Five-year rental subsidy: $1,260,500 Number of units 71 Cissna Park, IL Non-Profit Sponsor: Cissna Park Comm Life Dev, Inc. Capital Advance: $1,485,700 Five-year rental subsidy: $270,500 Number of units 16 Danville, IL Non-Profit Sponsor: Lutheran Social Services of Illinois Capital Advance: $2,292,000 Five-year rental subsidy: $450,500 Number of units 25 Hanna City, IL Non-Profit Sponsor: Henry Home Association Capital Advance: $3,336,100 Five-year rental subsidy: $648,500 Number of units 36 Rock Island, IL Non-Profit Sponsor: Disciples Uniting in the Quad Cities, Inc. Co-Sponsor: United Church Homes, Inc. Capital Advance: $6,470,700 Five-year rental subsidy: $1,080,500 Number of units 60 Indiana Bloomington, IN Non-Profit Sponsor: Community Reinvestment Foundation, Inc. Capital Advance: $2,040,700 Five-year rental subsidy: $389,000 Number of units 24 Indianapolis, IN Non-Profit Sponsor: Light of The World Christian Church, Inc. Capital Advance: $4,355,300 Five-year rental subsidy: $809,500 Number of units 50 Marion, IN Non-Profit Sponsor: Community Reinvestment Foundation, Inc. Capital Advance: $1,633,200 Five-year rental subsidy: $340,000 Number of units 21 Mentone, IN Non-Profit Sponsor: Garden Court, Inc. Capital Advance: $1,810,800 Five-year rental subsidy: $340,000 Number of units 21 Iowa LeMars, IA Non-Profit Sponsor: The Ev Luth Gd Samar Soc Capital Advance: $1,546,100 Five-year rental subsidy: $177,500 Number of units 12 Marion, IA Non-Profit Sponsor: Marion Churches Senior Living Community Foundation Capital Advance: $2,696,100 Five-year rental subsidy: $281,000 Number of units 20 Kansas Wichita, KS Non-Profit Sponsor: Mental Health Assn of S Central Kansas, Inc. Capital Advance: $2,375,100 Five-year rental subsidy: $380,000 Number of units 24 Kentucky Louisa, KY Non-Profit Sponsor: Mountain Housing Corporation Capital Advance: $1,998,100 Five-year rental subsidy: $335,000 Number of units 23 Louisville, KY Non-Profit Sponsor: Saint Michaels Antiochian Orthodox CH Capital Advance: $1,401,900 Five-year rental subsidy: $243,500 Number of units 16 Louisville, KY Non-Profit Sponsor: Catholic Charities of Louisville Capital Advance: $2,628,700 Five-year rental subsidy: $456,500 Number of units 30 Louisiana Balstrop, LA Non-Profit Sponsor: Morehouse Council on Aging, Inc Capital Advance: $988,200 Five-year rental subsidy: $168,500 Number of units 13 Eunice, LA Non-Profit Sponsor: Community Development Inc Capital Advance: $1,126,400 Five-year rental subsidy: $176,500 Number of units 14 Shreveport, LA Non-Profit Sponsor: National Ch Residences Inc Capital Advance: $4,538,800 Five-year rental subsidy: $784,500 Number of units 57 Maine Bucksport, ME Non-Profit Sponsor: Eastern Area Agency on Aging Capital Advance: $3,504,900 Five-year rental subsidy: $461,500 Number of units 26 Topsham, ME Non-Profit Sponsor: VOANNE Capital Advance: $3,803,700 Five-year rental subsidy: $479,000 Number of units 28 Maryland Owings Mills, MD Non-Profit Sponsor: Associated Jewish Fed Capital Advance: $8,732,900 Five-year rental subsidy: $1,744,500 Number of units 99 Massachusetts Framningham, MA Non-Profit Sponsor: Jewish Community Housing for the Elderly Capital Advance: $6,740,300 Five-year rental subsidy: $1,133,000 Number of units 50 Spencer, MA Non-Profit Sponsor: Mental Health Programs Inc Capital Advance: $4,211,500 Five-year rental subsidy: $793,500 Number of units 36 Michigan Battle Creek, MI Non-Profit Sponsor: Presbyterian Villages of Michigan Capital Advance: $3,751,000 Five-year rental subsidy: $664,500 Number of units 45 Detroit, MI Non-Profit Sponsor: Cooperative Services Inc. Co-Sponsor: Detroit Catholic Pastoral Alliance Capital Advance: $6,354,900 Five-year rental subsidy: $1,107,500 Number of units 62 Hampton Township, MI Non-Profit Sponsor: Presbyterian Villages of Michigan Co-Sponsor: Lutheran Homes of Michigan Inc. Capital Advance: $5,045,400 Five-year rental subsidy: $907,500 Number of units 51 Minnesota Sartell, MN Non-Profit Sponsor: Accessible Space, Inc. Capital Advance: $4,355,800 Five-year rental subsidy: $758,000 Number of units 44 St. Paul, MN Non-Profit Sponsor: Episcopal Corporation for the Elderly Capital Advance: $5,311,400 Five-year rental subsidy: $863,500 Number of units 50 St. Paul, MN Non-Profit Sponsor: Sholom Community Alliance Capital Advance: $4,759,700 Five-year rental subsidy: $793,000 Number of units 45 Missouri Hermitage, MO Non-Profit Sponsor: West Central Missouri Community Action Agency Capital Advance: $2,256,800 Five-year rental subsidy: $380,000 Number of units 23 Pagedale, MO Non-Profit Sponsor: Retirement Housing Foundation Capital Advance: $4,754,100 Five-year rental subsidy: $679,000 Number of units 40 Warrensburg, MO Non-Profit Sponsor: Bishop Boland Institute for Housing and Community Capital Advance: $2,354,900 Five-year rental subsidy: $380,000 Number of units 23 Nebraska Alliance, NE Non-Profit Sponsor: The Ev Luth Gd Samar Soc Capital Advance: $872,200 Five-year rental subsidy: $149,000 Number of units 10 Alliance, NE Non-Profit Sponsor: The Ev Luth Gd Samar Soc Capital Advance: $1,221,000 Five-year rental subsidy: $208,500 Number of units 14 Papillion, NE Non-Profit Sponsor: Immanuel Health Sys Capital Advance: $1,724,500 Five-year rental subsidy: $297,500 Number of units 20 New Hampshire Ashland, NH Non-Profit Sponsor: Southern New Hampshire Services, Inc. Capital Advance: $3,774,600 Five-year rental subsidy: $482,500 Number of units 28 Littleton, NH Non-Profit Sponsor: AHEAD Capital Advance: $808,800 Five-year rental subsidy: $103,500 Number of units 6 Nashua, NH Non-Profit Sponsor: AHEPA Nat'l Hsg. Corp. Capital Advance: $5,122,600 Five-year rental subsidy: $655,000 Number of units 38 Newport, NH Non-Profit Sponsor: Southwestern Community Services, Inc. Capital Advance: $3,370,100 Five-year rental subsidy: $414,000 Number of units 25 New Jersey Linden, NJ Non-Profit Sponsor: Linden Hsg Corp Capital Advance: $10,514,900 Five-year rental subsidy: $2,183,500 Number of units 78 New York Bronx, NY Non-Profit Sponsor: Metro NY Coord Council Capital Advance: $8,737,500 Five-year rental subsidy: $2,293,000 Number of units 70 Bronx, NY Non-Profit Sponsor: South Bronx Community Corporation Capital Advance: $4,135,500 Five-year rental subsidy: $1,081,000 Number of units 34 Bronx, NY Non-Profit Sponsor: The Jewish Home & Hospital Bx Division Capital Advance: $8,986,300 Five-year rental subsidy: $2,326,000 Number of units 72 Brooklyn, NY Non-Profit Sponsor: Common Ground Community Capital Advance: $8,986,300 Five-year rental subsidy: $2,326,000 Number of units 72 Catskill, NY Non-Profit Sponsor: Columbia Memorial Hospital Capital Advance: $1,894,500 Five-year rental subsidy: $291,500 Number of units 21 Gowanda, NY Non-Profit Sponsor: Healthy Community Alliance Inc Capital Advance: $1,938,100 Five-year rental subsidy: $284,500 Number of units 21 Hamburg, NY Non-Profit Sponsor: People Inc Capital Advance: $5,077,100 Five-year rental subsidy: $664,000 Number of units 50 Staten Island, NY Non-Profit Sponsor: Sisters of Charity of St. Vincent de Paul Capital Advance: $7,175,500 Five-year rental subsidy: $1,933,000 Number of units 60 Wheatfield, NY Non-Profit Sponsor: People Inc Capital Advance: $5,077,100 Five-year rental subsidy: $664,000 Number of units 50 North Carolina Fayetteville, NC Non-Profit Sponsor: John H. Wellons Fnd, Inc. Capital Advance: $4,271,800 Five-year rental subsidy: $654,000 Number of units 44 Henderson, NC Non-Profit Sponsor: Metropolitan Hsg and CDC, Inc. Capital Advance: $2,899,000 Five-year rental subsidy: $456,500 Number of units 30 Manson, NC Non-Profit Sponsor: NC Senior Citizens Fed, Inc. Capital Advance: $1,352,900 Five-year rental subsidy: $213,000 Number of units 14 Whiteville, NC Non-Profit Sponsor: Beautiful Light Inn, Inc. Capital Advance: $2,918,900 Five-year rental subsidy: $441,000 Number of units 30 Ohio Ashland, OH Non-Profit Sponsor: Lutheran Social Services of Central Ohio Capital Advance: $1,088,200 Five-year rental subsidy: $218,000 Number of units 12 Barlow, OH Non-Profit Sponsor: Community of Christ Capital Advance: $2,663,300 Five-year rental subsidy: $467,000 Number of units 30 Cleveland, OH Non-Profit Sponsor: Eliza Bryant Center Capital Advance: $4,269,700 Five-year rental subsidy: $817,500 Number of units 45 Cleveland, OH Non-Profit Sponsor: Famicos Foundation Capital Advance: $569,300 Five-year rental subsidy: $109,000 Number of units 6 Dayton, OH Non-Profit Sponsor: St. Mary Development Corporation Capital Advance: $4,847,800 Five-year rental subsidy: $897,000 Number of units 55 Garfield Heights, OH Non-Profit Sponsor: Humility of Mary Housing, Inc. Capital Advance: $3,795,300 Five-year rental subsidy: $726,500 Number of units 40 Oak Harbor, OH Non-Profit Sponsor: Lutheran Homes Society Inc Capital Advance: $1,088,200 Five-year rental subsidy: $218,000 Number of units 12 Springfield, OH Non-Profit Sponsor: The Franklin Foundation Capital Advance: $2,039,200 Five-year rental subsidy: $370,500 Number of units 24 Oklahoma Coalgate, OK Non-Profit Sponsor: Big Five Community Services, Inc. Capital Advance: $1,120,400 Five-year rental subsidy: $238,500 Number of units 17 Collinsville, OK Non-Profit Sponsor: St John Villas, Inc. Capital Advance: $2,702,300 Five-year rental subsidy: $575,000 Number of units 41 Pennsylvania Girard, PA Non-Profit Sponsor: The Luth Serv Soc of Western PA Capital Advance: $3,680,400 Five-year rental subsidy: $575,500 Number of units 36 Penn Hills, PA Non-Profit Sponsor: The Luth Serv Soc of Western PA Capital Advance: $3,578,700 Five-year rental subsidy: $559,000 Number of units 35 Philadelphia, PA Non-Profit Sponsor: Food For All, Inc. d.b.a. Food For Life Capital Advance: $6,924,900 Five-year rental subsidy: $1,380,500 Number of units 63 Philadelphia, PA Non-Profit Sponsor: Sal Army, a New York Corp Capital Advance: $5,519,700 Five-year rental subsidy: $1,091,000 Number of units 50 Philadelphia, PA Non-Profit Sponsor: Mount Zion Comm Dev Corp Co-Sponsor: Deer Meadows Capital Advance: $8,267,700 Five-year rental subsidy: $1,647,500 Number of units 75 Philadelphia, PA Non-Profit Sponsor: PresbyHomes & Serv Capital Advance: $7,278,400 Five-year rental subsidy: $1,447,500 Number of units 66 Puerto Rico Naguabo, PR Non-Profit Sponsor: Assco Puertorr de los Adven 7mo Dia Inc Capital Advance: $3,510,600 Five-year rental subsidy: $518,500 Number of units 37 Rhode Island Portsmouth, RI Non-Profit Sponsor: Coastal Housing Corporation Capital Advance: $594,600 Five-year rental subsidy: $106,000 Number of units 5 Warwick, RI Non-Profit Sponsor: Valley Affordable Housing Corp Capital Advance: $5,019,800 Five-year rental subsidy: $866,000 Number of units 42 South Carolina Anderson, SC Non-Profit Sponsor: Metropolitan Housing and CDC, Inc. Capital Advance: $4,382,800 Five-year rental subsidy: $616,500 Number of units 44 Bennettsville, SC Non-Profit Sponsor: John H. Wellons Fnd, Inc. Capital Advance: $1,456,900 Five-year rental subsidy: $210,500 Number of units 15 Bennettsville, SC Non-Profit Sponsor: John H. Wellons Fnd, Inc. Capital Advance: $1,456,900 Five-year rental subsidy: $210,500 Number of units 15 Mullins, SC Non-Profit Sponsor: Genesis I Community Development Corporation Capital Advance: $1,456,900 Five-year rental subsidy: $210,500 Number of units 15 South Dakota Brookings, SD Non-Profit Sponsor: ASI Capital Advance: $2,997,900 Five-year rental subsidy: $326,000 Number of units 25 Sioux Falls, SD Non-Profit Sponsor: Ev Luth Gd Samar Soc Capital Advance: $6,146,200 Five-year rental subsidy: $801,000 Number of units 60 Tennessee Cleveland, TN Non-Profit Sponsor: Douglas Cherokee Economic Authority, Inc. Capital Advance: $948,500 Five-year rental subsidy: $154,500 Number of units 11 Livingston, TN Non-Profit Sponsor: Douglas Cherokee Economic Authority Capital Advance: $1,494,100 Five-year rental subsidy: $202,000 Number of units 15 McMinnville, TN Non-Profit Sponsor: Cumberland Regional Development Corporation Capital Advance: $1,499,500 Five-year rental subsidy: $188,500 Number of units 15 Memphis, TN Non-Profit Sponsor: Volunteers of America of Kentucky, Inc. Capital Advance: $4,007,200 Five-year rental subsidy: $645,000 Number of units 46 Sevierville, TN Non-Profit Sponsor: Douglas Cherokee Economic Authority, Inc. Capital Advance: $1,724,500 Five-year rental subsidy: $280,500 Number of units 20 Shelbyville, TN Non-Profit Sponsor: Buffalo Valley, Inc. Capital Advance: $1,494,100 Five-year rental subsidy: $188,500 Number of units 15 South Carthage, TN Non-Profit Sponsor: Cumberland Regional Development Corporation Capital Advance: $1,499,500 Five-year rental subsidy: $188,500 Number of units 15 Texas Dallas, TX Non-Profit Sponsor: CC Young Memorial Home Inc Capital Advance: $4,216,500 Five-year rental subsidy: $806,000 Number of units 54 Houston, TX Five-year rental subsidy: $1,012,000 Number of units 67 San Antonio, TX Non-Profit Sponsor: Retirement Housing Foundation Capital Advance: $4,065,300 Five-year rental subsidy: $753,500 Number of units 55 Waco, TX Non-Profit Sponsor: Mercy Housing Inc Co-Sponsor: Mercy Housing Colorado Capital Advance: $4,208,400 Five-year rental subsidy: $821,500 Number of units 55 Utah Price, UT Non-Profit Sponsor: Comm Hsg Ser Inc Capital Advance: $3,516,000 Five-year rental subsidy: $466,000 Number of units 33 Project Description: The funds will be used for the new construction of two buildings for the very low-income elderly consisting of a total of 33 units. Some of the supportive services that will be provided are meals-on-wheels, housekeeping assistance, social activities and transportation. Virginia Kilmarnock, VA Non-Profit Sponsor: Bay Aging Capital Advance: $1,515,900 Five-year rental subsidy: $299,500 Number of units 19 Vinton, VA Non-Profit Sponsor: Metropolitan Housing and CDC, Inc. Capital Advance: $5,824,400 Five-year rental subsidy: $1,150,500 Number of units 73 Washington Buckley, WA Non-Profit Sponsor: Enumclaw Community Hospital Capital Advance: $2,042,700 Five-year rental subsidy: $318,500 Number of units 20 Kennewick, WA Non-Profit Sponsor: Shalom Ecumenical Center Capital Advance: $4,008,900 Five-year rental subsidy: $722,000 Number of units 45 Spokane, WA Non-Profit Sponsor: East Central Community Organization Capital Advance: $2,157,200 Five-year rental subsidy: $394,000 Number of units 25 Vancouver, WA Non-Profit Sponsor: Columbia Non-Profit Housing Capital Advance: $5,479,700 Five-year rental subsidy: $866,500 Number of units 56 Yakima, WA Non-Profit Sponsor: Diocese of Yakima Housing Services Capital Advance: $3,544,700 Five-year rental subsidy: $640,000 Number of units 40 Wisconsin Milwaukee, WI Non-Profit Sponsor: Eternal Life Church of God in Christ Capital Advance: $2,799,900 Five-year rental subsidy: $380,000 Number of units 24 Town of Russell, WI Non-Profit Sponsor: Impact Seven INC Capital Advance: $1,255,300 Five-year rental subsidy: $198,500 Number of units 12 [FR Doc. E6-18071 Filed 10-27-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5089-N-01] Allocations and Waivers Granted to and Alternative Requirements for CDBG Disaster Recovery Grantees Under Chapter 9 of Title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 AGENCY: Office of the Secretary, HUD. ACTION: Notice of allocation, waivers, and alternative requirements. SUMMARY: This Notice advises the public of the allocations for grant funds for Community Development Block Grant
(CDBG)disaster recovery grants for the purpose of assisting in the recovery in the most impacted and distressed areas related to the consequences of Hurricanes Katrina, Rita, and Wilma in the Gulf of Mexico in 2005. As described in the Supplementary Information section of this notice, HUD is authorized by statute to waive statutory and regulatory requirements and specify alternative requirements for this purpose, upon the request of the State grantees. This notice also describes the application and reporting waivers and the common alternative requirements for the grants made under the subject appropriations act. DATES: *Effective Date:* November 6, 2006. FOR FURTHER INFORMATION CONTACT: Jan C. Opper, Director, Disaster Recovery and Special Issues Division, Office of Block Grant Assistance, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7286, Washington, DC 20410, telephone number
(202)708-3587. Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at
(800)877-8339. FAX inquiries may be sent to Mr. Opper at
(202)401-2044. (Except for the “800” number, these telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: Authority To Grant Waivers Chapter 9 of Title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Pub. L. 109-234, approved June 15, 2006) (Public Law 109-234) appropriates $5.2 billion in Community Development Block Grant funds for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure directly related to the consequences of the covered disasters. Public Law 109-234 authorizes the Secretary to waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or use by the recipient of these funds and guarantees, except for requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a request by the State and a finding by the Secretary that such a waiver would not be inconsistent with the overall purpose of the statute. The following application and reporting waivers and alternative requirements are in response to requests from the States receiving an allocation under this notice. The Secretary finds that the following waivers and alternative requirements, as described below, are not inconsistent with the overall purpose of Title I of the Housing and Community Development Act of 1974, as amended, or the Cranston-Gonzalez National Affordable Housing Act, as amended. Under the requirements of the Department of Housing and Urban Development Act, as amended (42 U.S.C. 3535(q)), regulatory waivers must be published in the **Federal Register** . Except as described in this and other notices applicable to this grant, statutory and regulatory provisions governing the Community Development Block Grant program for States, including those at 24 CFR part 570, shall apply to the use of these funds. In accordance with Public Law 109-234, HUD will reconsider every waiver in this notice on the two-year anniversary of the day this notice is published. Allocations Public Law 109-234 (effective June 15, 2006) provides $5.2 billion of supplemental appropriation for the CDBG program for: *necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure in the most impacted and distressed areas related to the consequences of Hurricanes Katrina, Rita, or Wilma.* The law further notes: *That funds provided under this heading shall be administered through an entity or entities designated by the Governor of each State.* And that: *No State shall receive more than $4.2 billion of the amount provided under this heading.* As provided for in Public Law 109-234, the funds may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers. Further, none of the funds made available under this heading may be used by a State or locality as a matching requirement, share, or contribution for any other Federal program. Also as required by the law, not less than $1.0 billion of the $5.2 billion appropriation less $27.0 million in administrative set-asides (which computes to 19.3311 percent of any State's allocation) shall be used for repair, rehabilitation, and reconstruction (including demolition, site clearance and remediation) of the affordable rental housing stock (including public and other HUD-assisted housing) in the impacted areas. Therefore, HUD is requiring that not less than 19.3311 percent of each State's grant be used for these activities. From this supplemental appropriation, the Secretary is allocating funds as follows. State Disaster Allocation amount ($) Alabama Hurricane Katrina (FEMA-1605-DR) $21,225,574 Florida Hurricane Katrina (FEMA-1602-DR), Hurricane Wilma (FEMA-1609-DR) 100,066,518 Louisiana Hurricane Katrina (FEMA-1603-DR), Hurricane Rita (FEMA-1607-DR) 4,200,000,000 Mississippi Hurricane Katrina (FEMA-1604-DR) 423,036,059 Texas Hurricane Rita (FEMA-1606-DR) 428,671,849 State Minimum amount for affordable rental housing ($) Alabama $4,103,146 Florida 19,344,001 Louisiana 811,907,984 Mississippi 81,777,703 Texas 82,867,166 The amounts in the table directly above are the minimum required for each State to use of its allocation from Public Law 109-234 for repair, rehabilitation, and reconstruction (including demolition, site clearance and remediation) of the affordable rental housing stock (including public and other HUD-assisted housing) in the impacted areas. In Louisiana, the Department has reviewed data chronicling the massive impact of the disasters on affordable rental housing, including public housing, in the areas of the State most affected by disasters. In light of the unprecedented housing needs resulting from the disasters, the Secretary is carrying out his statutory duty to ensure that priority has been given to identified affordable rental housing by providing an alternative requirement. HUD is requiring that, before the State of Louisiana expends any funds to meet the minimum requirement for affordable rental housing under this notice ( *see* table above), the Governor of Louisiana shall demonstrate to the Secretary's satisfaction that the State will provide funds or has identified dedicated resources sufficient to meet the key disaster recovery needs for repair, rehabilitation, and reconstruction of affordable rental housing stock, including public housing, in the most impacted areas of the State. HUD invites each State receiving an allocation to submit an Action Plan for Disaster Recovery in accordance with this notice. The appropriations statute requires funds be used only for disaster relief, long-term recovery, and restoration of infrastructure in the most impacted and distressed areas related to the consequences of hurricanes in the Gulf of Mexico in 2005. The statute directs that each grantee will describe in its Action Plan for Disaster Recovery how the use of the grant funds gives priority to infrastructure development and rehabilitation and the rehabilitation and reconstruction of the affordable rental housing stock including public and other HUD-assisted housing. HUD will monitor compliance with this direction and may be compelled to disallow expenditures if it finds uses of funds are not disaster-related, or funds allocated duplicate other benefits. For the State of Louisiana, which suffered major impacts from two different hurricanes, HUD estimates that over 85 percent of the major and severe damage due to those storms is in the New Orleans-Metairie-Bogalusa Metropolitan Area (Jefferson, Orleans, Plaquemines, St. Bernard, St. Charles, St. John the Baptist, and St. Tammany Parishes). HUD therefore expects that the State will target a substantial majority of its disaster recovery funds under Pub. L. 109-234 toward the disaster recovery needs in the New Orleans-Metairie-Bogalusa Metropolitan Area, and has included an alternative requirement to that effect. Prevention of Fraud, Abuse, and Duplication of Benefits The statute also directs the Secretary to: *Establish procedures to prevent recipients from receiving any duplication of benefits and report quarterly to the Committees on Appropriations with regard to all steps taken to prevent fraud and abuse of funds made available under this heading including duplication of benefits.* To meet this directive, HUD is pursuing five courses of action. First, this notice makes applicable specific reporting, written procedures, monitoring, and internal audit requirements for grantees. Second, to the extent its resources allow, HUD will institute risk analysis and on-site monitoring of grantee management of the grants and of the specific uses of funds. Third, HUD will be extremely cautious in considering any waiver related to basic financial management requirements. The standard, time-tested CDBG financial requirements will continue to apply. Fourth, HUD is collaborating with the HUD Office of Inspector General to plan and implement oversight of these funds. Fifth, HUD will follow the direction of the conference report, 109-494, and apply $6 million of funds appropriated for the Working Capital Fund for “immediate enhancement of the capabilities of the Disaster Recovery Grant Reporting system by building additional electronic controls that will increase accountability while further decreasing the risk of fraud, waste, or abuse.” Waiver Justification In general, waivers already granted to the States and alternative requirements already specified for CDBG disaster recovery grant funds provided under the Department of Defense Appropriations Act, 2006 (Pub. L. 109-148, approved December 30, 2005) (Appropriations Act) will also apply to grant funds provided under Public Law 109-234. This eliminates unnecessary inconsistencies in administration of the two grants and thus reduces the opportunities for technical errors. The notices in which these prior waivers and alternative requirements appear are 71 FR 7666, published February 13, 2006 (all five States); 71 FR 34448 (for Alabama), 71 FR 34451 (for Mississippi), and 71 FR 34457 (for Louisiana), all published June 14, 2006; 71 FR 43622, published August 1, 2006 (for Texas); 71 FR 51678 (for Florida), published August 30, 2006; and 71 FR 62372 (for Mississippi), published October 24, 2006, except that the provisions of paragraph four of the latter notice do not apply to the funds allocated under Pub. L. 109-234. In addition to making applicable the requirements cited above, this notice specifies and provides for differences in program rules, waivers, or alternative requirements that are necessary due to the provisions of Public Law 109-234. The provisions of this notice do not apply to funds provided under the regular CDBG program. The provisions provide additional flexibility in program design and implementation and implement statutory requirements unique to this appropriation. Application for Allocation The waivers and alternative requirements related to a State's application for its allocation are those delineated in a notice entitled, “Allocations and Common Application and Reporting Waivers Granted to and Alternative Requirements for CDBG Disaster Recovery Grantees Under the Department of Defense Appropriations Act, 2006,” published February 13, 2006 71 (FR 7666), with the changes noted below. HUD encourages each State receiving an allocation to submit an Action Plan for Disaster Recovery to HUD within 60 days of the publication date of this notice. New elements added to the State's Action Plan for Disaster Recovery include a description of how the State will give priority to infrastructure development and rehabilitation and how the State will give priority to the rehabilitation and reconstruction of the affordable rental housing stock including public and other HUD-assisted housing. The State must also explain how its choices for fund use will result in the State meeting the requirement to use not less than 19.3311 percent of its allocation for repair, rehabilitation, and reconstruction (including demolition, site clearance and remediation) of the affordable rental housing stock (including public and other HUD-assisted housing) in the impacted areas. The explanation should include how the State has considered the unique challenges that individuals with disabilities face in finding accessible and affordable housing. Applicable Rules, Statutes, Waivers, and Alternative Requirements 1. *General note.* Except as described in this notice, the statutory, regulatory, and notice provisions that shall apply to the use of these funds are: a. Those governing the funds appropriated under the Appropriations Act and already published in the **Federal Register** , including those in notices 71 FR 7666, published February 13, 2006 (for all five States); 71 FR 34448 (for Alabama), 71 FR 34451 (for Mississippi), and 71 FR 34457 (for Louisiana), all published June 14, 2006; 71 FR 43622 for Texas, published August 1, 2006; 71 FR 51678 (for Florida), published on August 30, 2006; and 71 FR 62372 (for Mississippi), published October 24, 2006, except that the provisions of paragraph four of the latter notice do not apply to the funds allocated under Public Law 109-234; and b. Those governing the Community Development Block Grant program for States, including those at 42 U.S.C. 5301 *et seq.* and 24 CFR part 570. 2. *Action Plan additional elements.* a. In addition to the waivers and alternative requirements published in the “Allocations and Common Application and Reporting Waivers Granted to and Alternative Requirements for CDBG Disaster Recovery Grantees Under the Department of Defense Appropriations Act, 2006” notice published February 13, 2006, the disaster recovery grantees receiving funding under Public Law 109-234 must add the items in paragraph b below to those described in paragraph number 7 on page 7669 of that notice regarding the information required in the State's overall plan for disaster recovery for use of funds under Public Law 109-234. b. The grantee's overall plan for disaster recovery will also include:
(i)An explanation of how the State will give priority to the rehabilitation and reconstruction of the affordable rental housing stock including public and other HUD-assisted housing, a description of the activities the State plans to undertake with grant funds under this priority, and a description of the unique challenges that individuals with disabilities face in finding accessible and affordable housing;
(ii)An explanation of how the State will give priority to infrastructure development and rehabilitation, and a description of the infrastructure activities it plans to undertake with grant funds; and
(iii)An explanation of how the method of distribution or use of funds described in accordance with the applicable notices will result in the State meeting the requirement that at least 19.3311 percent of its allocation under this notice shall be used for repair, rehabilitation, and reconstruction (including demolition, site clearance and remediation) of the affordable rental housing stock (including public and other HUD-assisted housing) in the impacted areas. 3. *Note that use of grant funds must relate to the covered disaster(s).* In addition to being eligible under 42 U.S.C. 5305(a) of this notice and meeting a CDBG national objective under the penultimate paragraph of 42 U.S.C. 5304(b)(3), Public Law 109-234 requires that activities funded under this notice must also be for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure in the most impacted and distressed areas related to the consequences of Hurricanes Katrina, Rita, and Wilma in communities included in Presidential disaster declarations. 4. *Alternative Requirements Regarding Targeting in Louisiana.* a. The State of Louisiana will target 70 percent of its disaster recovery funds under Pub. L. 109-234 towards the disaster recovery needs in the New Orleans-Metairie-Bogalusa Metropolitan Area; and b. Before the State of Louisiana expends any funds to meet the minimum requirement for affordable rental housing under this notice, the Governor of Louisiana shall demonstrate to the Secretary's satisfaction that the State will provide funds or has identified dedicated resources sufficient to meet the key disaster recovery needs for repair, rehabilitation, and reconstruction of affordable rental housing stock, including public housing disaster recovery in the most impacted areas of the State. 5. *Information collection approval note.* HUD has approval for information collection requirements in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) under OMB control number 2506-0165, which expires August 31, 2007. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, nor is a person required to respond to, a collection of information unless the collection displays a valid control number. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance numbers for the disaster recovery grants under this notice are as follows: 14.219; 14.228. Finding of No Significant Impact A Finding of No Significant Impact (FONSI) with respect to the environment has been made in accordance with HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). The FONSI is available for public inspection between 8 a.m. and 5 p.m. weekdays in the Office of the Rules Docket Clerk, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410-0500. Due to security measures at the HUD Headquarters building, please schedule an appointment to review the finding by calling the Regulations Division at
(202)708-3055 (this is not a toll-free number). Dated: October 25, 2006. Roy A. Bernardi, Deputy Secretary. [FR Doc. 06-8978 Filed 10-26-06; 1:56 pm]
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  • 44 USC 3501-3520
  • 5 CFR 1320.3(c)
  • 21 CFR 316
  • 21 CFR 640.3
  • Pub. L. 104-13
  • 5 CFR 1320.10
  • Pub. L. 107-296
  • 116 Stat. 2310
  • 5 CFR 9701
  • 6 CFR 5
  • 24 CFR 235.1001
  • Pub. L. 101-625
  • Pub. L. 102-550
  • Pub. L. 104-19
  • Pub. L. 106-569
  • Pub. L. 108-447
  • 103 Stat. 1987
  • Pub. L. 109-234
  • 24 CFR 570
  • Pub. L. 109-148
  • 24 CFR 50
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C.F.R.§ 10.115
C.F.R.§ 606.160
C.F.R.§ 514.1
C.F.R.§ 558.3
U.S.C.§ 552
Cite44 USC 3501-3520
Cite5 CFR 1320.3(c)
Cite21 CFR 316
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